The couple lives in California with their two children, ages nine and seven. Because the children are both minors, the couple will face some important decisions regarding child custody and child support. Chris and his wife will need to determine who retains primary custody of the children, they will have to arrange visitation schedules and set up child support payments.
]]> Sources indicate that while the divorce is emotionally difficult for the family, it has been amicable up to this point. That will make the separation easier since California is a community property state.Community property states provide that all assets acquired during marriage are "marital assets" and therefore, owned by both spouses. During a divorce, the separation of assets is straight down the middle. California is one of only a few community property states.
Because the separation between Chris and his wife does not appear to be adversarial, the community property laws will not likely be an issue.
However, determinations of child custody and support payment can complicate the divorce process. Parents always want what is best for their children but emotions run high during separations and the discussions may turn contentious.
If agreement cannot be reached, then the court will look at a number of factors to decide custody. An experienced family law attorney is an excellent resource to advocate to the court on behalf of the parents and help the parties reach an agreement that truly serves the children's needs, which will benefit the entire family.
Source: Reuters, "'The Bachelor' Host Chris Harrison is Getting Divorced", Edward Tan, May 4, 2012
]]>When those issues involve a billionaire and his supermodel ex-girlfriend, the amounts can grow into significant sums of money.
]]> Supermodel Linda Evangelista and her billionaire ex-boyfriend are set to face-off in family court. At issue is a potentially record-shattering child support award. Evangelista is asking for about $1,500 a day (approximately $807,000 annually) in child support for the couple's five year old son.To substantiate the high figure, Evangelista claims that the child needs a driver and armed bodyguards as well as an around-the-clock nanny because of the nature of her modeling work, which can include 16-hour days.
While this drama will play out in New York state courts, for residents of California, the court will consider a number of factors such as the financial needs of a couple's child. Those needs include the cost of his schooling as well as other financial considerations such as food, clothing, shelter, insurance and other special needs. For example, in this case, that might include Evangelista's request for bodyguards.
In addition to the child's financial needs, the court will also look at the income and needs of the custodial parent, the income and ability of the non-custodial parent to pay, and the child's standard of living before the parents separated. This can usually be a high point of contention in more famous child support cases involving large awards from wealthy former spouses, but it is something that courts will consider at all levels of income. An experienced attorney can help those facing child support issues comb through the specifics of California law to ensure children are properly cared for following a divorce.
Source: New York Daily News, "Supermodel wants her boy to get at least $46K a month for child support," Barbara Ross and Bill Hutchinson, April 30, 2012
]]>When a seriously ill child is added to the situation, there may be no telling how a parent will react. Such a situation recently played out with a father from California.
]]> A young boy with a heart condition was found safe after his father removed him from a hospital in Missouri. Earlier this year, the five-year-old was diagnosed with dilated cardiomyopathy. When the condition worsened, doctors put the boy on a heart transplant list.Court records indicate that the parents of the boy are in the middle of a divorce. Although the mother has physical custody, both parents accompanied the boy when he arrived at the hospital. Following transplant evaluations, the hospital released the boy to his parents. While the mother retrieved the car, the father apparently left with his son. He stayed in touch with his wife through texts but he did not let her speak to their son.
Authorities found the boy in Illinois with his father and paternal grandmother and he appeared to be doing well given his medical situation. The police charged the father and grandmother with kidnapping, interfering with custody and endangering the welfare of a child.
It is not known whether the medical treatment played a role in the father's decision to remove his son but the custody matter was contentious.
This story demonstrates the tragic outcomes when parents attempt to take custody matters into their own hands instead of letting the law and family court system work out what is best for the children and their parents.
In California, mothers and father are equal in the eyes of the law and have equal rights to parent their children. But this equality does not necessarily translate into equal amounts of time with the children or an equal division of custody. An experienced family law attorney can assist a parent with facts and key legal points of the matter to protect parental rights and devise a custodial arrangement that heeds the best interests of the child.
Source: Contra Costa Times, "Young heart patient taken from hospital found safe," Jim Salter, April 25, 2012
]]>A Pasadena, California, man involved in a child custody dispute filed suit this week in Texas federal court. The father, along with six additional plaintiffs, claims that his ex-wife sewed a recording device into their nine-year-old son's jeans in order to secretly tape conversations of family members. It is also alleged that the ex-wife might have disclosed the taped conversations to other individuals after she downloaded them onto her computer. The lawsuit alleges that these actions constitute a violation of federal and state wiretapping laws, and additionally claims invasion of privacy and intentional infliction of emotional distress.
]]> A similar case was successfully prosecuted in Nebraska where a party to a child custody dispute placed a recording device in a teddy bear. Attempting to record private conversations is an especially dangerous, and potentially illegal, course of action for a parent fighting for custody. Small recording devices are easy enough to hide but once planted, there is no way to control what is recorded.When parents fight for custody of a child, they want to do everything they can, but there is a right way and a wrong way. Parents should avoid taking matters into their own hands. It is more beneficial to work with an experienced family law attorney who can fight on behalf of the parent through legal means. An attorney knows the law and the family court system and can advocate for an arrangement that is best for the parents and child.
Source: Houston Chronicle, "Pasadena man's lawsuit claims ex-wife planted recorder on son," Mike Tolson, April 18, 2012
]]>Same-sex couples and parents in California may face additional legal challenges when they separate, but the law now recognizes that the relationship between a parent and child should not suffer simply because the parents aren't married. As always, the best interests of the child need to lead the discussion of parenting plans.
]]> As for the Michaels-Etheridge plan, Michaels recently filed documents stating that the original $23,000 monthly amount in child and spousal support was not enough to live on. During the couple's nine-year relationship, Michaels says, she became used to living off a much larger amount and that it would take $128,000 per month to keep her in the lifestyle to which she was accustomed. Michaels also points to the vast discrepancy between her own income and resources in comparison to those of the Academy and Grammy-award winning singer and songwriter.In addition to the spousal support issue, Michaels' court filing requests that Etheridge get less time with the children, claiming that Etheridge encourages them to be "distant and withdrawn" toward her.
Etheridge responded by filing her own documents which request a 50/50 custody arrangement. The documents state that Michaels accidentally burned one of their children with a cigarette and Etheridge asks a judge to order that neither parent smoke around the children.
An attorney who specializes in same-sex divorce or separation may have the resources available to direct clients through these complicated legal issues and maintain focus on the emotional concerns of the parties and the best interests of the children.
Source: Yahoo! Music, "Melissa Etheridge's Ex: I Can't Live On $23K A Month," Wendy Geller, April 10, 2012
]]>If mediation doesn't work or if the discussion becomes contentious, then the court usually takes over.
]]> Under California law, mothers and fathers have equal rights to raise their children; however, this does not automatically translate into equal time with their children. Many argue that men are given the same consideration as women in custody matters because of the outdated notion that children are better off with their mothers.Whether or not this bias against fathers exists, fathers should be careful not to give the judge any reason to promote this misconception.
In general, men are often perceived to be more dominating, and therefore, men should never yell at their wives. It is any easy step for the mother to use the yelling to plead fear of her husband and courts take such allegations very seriously.
Fathers should not move in with a girlfriend until after the divorce is finalized. Divorce is hard enough on children and judges don't take kindly when a father burdens the children by introducing a new significant other.
Parents often run in the same circle of friends so fathers should keep any negative comments about his wife private. If the criticisms later surface, it is a surefire way to alienate children from their father and can be viewed as an attempt to obstruct the relationship with the mother.
Finally, fathers should never deny their children of contact with mom or take his children out of the area without advance warning. Even if it's during the father's scheduled time, children need to be free to communicate with either parent. More seriously, leaving the immediate area during visitation can be viewed as attempted kidnapping and will have grave consequences on the custody determination.
Father's have equal rights when it comes to custody, but should be careful not to do anything to harm their custody arrangement. If you have any questions about custody matters or fathers' rights, an experienced family law attorney can help.
Source: Huffington Post, "Ways To Sabotage Child Custody," Joseph E. Cordell, April 2, 2012
]]>A California state Senate committee recently voted in support of a bill designed to protect the parental rights of immigrants facing deportation. California State Senator Kevin De Leon, a Democrat from Los Angeles, introduced the bill, known as SB 1064.
]]> The U.S.-born children of immigrants who end up in detention centers often find themselves caught up in a bureaucratic nightmare. All too often, the parents of these children face the real possibility of losing custody of their children.As of last fall, there were reportedly more than 5,000 children in the United States foster care system because their parents were either deported or are currently in a detention center. The new bill attempts to put an end to this tragic cycle.
Existing law provides that review hearings must occur before a parent's rights can be terminated by court order. The new law would allow the court more flexibility to lengthen the review hearing periods under certain circumstances, such as when a parent is placed under arrest and issued an immigration hold, detained or deported.
The bill would also allow children to be placed with other relatives without considering the relatives' legal status.
The protection of the parental rights of foreign nationals can be complex, and enforcing those rights can be even more complex. Whether these issues arise because a parent is facing deportation or because the family is multinational, it is important to seek counsel.
Source: Southern Californian Public Radio, "In California, an attempt to keep some deportees' children out of foster care," Leslie Berstein Rojas, March 28, 2012
]]>Last week legislation was introduced that would protect child custody arrangements of deployed military service members. If passed, this would be one less worry for those serving our country and involved with a custody dispute.
]]> The bill would prohibit a judge from considering certain military deployments in determining the best interest of the child. In other words, serving in the military wouldn't be a strike against the parent who is trying to win sole or shared custody. In addition, the bill would clarify that if custody were temporarily transferred to another person during a deployment, custody agreements would return to pre-deployment status upon their return.Many courts have used military deployments against service members when determining custody arrangements and this bill would even the playing field. Military service members would still need to qualify for this provision which would state that military orders would have to prohibit the accompaniment of family members, such as on combat assignments, and be between 60 days and 18 months in length.
If passed, this bill would add a provision to the 2003 Servicemembers Civil Relief Act. Service members are hoping that this bill will pass, but it has historically gotten hung up in the Senate.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>The two had been involved with a bitter custody battle over their 2-year-old daughter. Dell had filed a suit claiming that Lakshmi had reduced his visitation time with his daughter and was fighting her against retaining full custody of the child.
]]> A compromise was reached out of court and Dell is now legally recognized as the father of the child and he will be awarded expanded visitation and custody rights. Most parents want the best for their children and in this case, the two couldn't agree right away on custody and visitation rights. In California, the courts encourage the parents to reach agreements and will provide custody mediation services to help facilitate an agreement.If you find yourself in this type of child custody situation, you should seek the advice of a family law attorney. They can be your advocate in court to help you gain the custody agreement that you feel will benefit the child. Many issues will be considered in the court's decision including parenting skills to flexibility in working with the other parent. An attorney will help you present your proposed solution to the court in an upfront and professional manner. Their goal is to help you obtain a custody agreement that benefits your family the most.
Lakshmi is asking the media to respect her child's privacy and the agreement that was reached.
Source: Eonline.com, "Padma Lakshmi Custody Battle: Top Chef Host Makes Peace With Baby Daddy," Alexis L. Loinaz, Mar. 15, 2012
]]>Quaid married his wife Kimberly in 2004 and they have four-year-old twins together. According to the actor, he is hoping that the media will respect their privacy during this time as they both work out a satisfactory settlement. A temporary order has been put in place giving the couple joint custody of the children.
]]> Quaid, 57, was previously married to Meg Ryan and actress P.J. Soles. His wife is seeking spousal support, a share of Quaid's assets and the cost of her lawyer's fees.The end of any marriage is sad to hear about, but for those in the midst of a divorce, they should realize that there may be many complex issues that they will need to address. For example, if you are the husband, what are your rights and obligations in dividing the property you obtained during the marriage? Will you have to pay spousal support or child support? Who gets custody of the children?
While the law provides broad guidelines for this, there can be special circumstances that only an experienced family law attorney can help you with. They understand the complexities of a divorce and will help you determine your options. In addition, an attorney will help you resolve any disputes with the goal of getting you the life you want after the divorce.
Source: Torontosun.com, "Quaid's wife files for divorce," Mar. 9, 2012
]]>Some may wonder why this would have an impact on child custody and it's because teachers are often called into court to testify regarding parental involvement. Judges feel that a teacher can be impartial and notice if a parent is involved in the child's education.
]]> Oftentimes it is the mother who ends up with custody and the father is left out of parent-teacher conferences, opportunities for fieldtrips, car pools, pick-up, drop off, etc. A father needs to make their way into these school situations by thinking outside of the box. Teachers see mother's doing these activities, but not a lot of fathers.By thinking of ways to get involved in your child's school, a father could plan a lunch at school with their child, take a vacation day to attend a school field trip, making the teacher aware that they are interested in volunteer opportunities in the classroom and letting the teacher know that they are interested in their child's progress. All of these things will be remembered by a teacher and they'll know that you are an active parent.
If you are the non-custodial parent it is hard to know what homework your child may have and you may want to spend the time that you have with your child on fun activities. It's important that you take your child's homework seriously and work with the teacher to understand what they are working on in the classroom. It could be as easy as an email message about homework so that you can keep on top of everything. Also, even though your child won't think it's that fun to do homework, it shows them that you value their education and want them to do well. Plus, you get a different kind of bonding experience with your child.
While divorce and custody issues can be difficult, knowing that your involvement with your child could make a difference in your custody case can help ease the difficulties.
Source: Huffington Post, "Want Custody Of Your Kids? Get Involved With Their School!" Joseph E. Cordell, Mar. 8, 2012
]]>First, you should check if your state recognizes legal separations or if your state requires a separation before you can file for a divorce. If your state does recognize a separation, there are reasons that you should consider filing for the legal separation and they include:
Divorce or a legal separation can be emotionally and financially complex. Only the advice of a family law attorney can help you navigate the differences and determine what would benefit you the most in the long run.
Source: Reuters, "3 Reasons to get a Separation Instead of Divorce," Andrew Chow, Mar. 1, 2012
]]>Take the case of a mother who was a smoker. After her divorce, it was found that her child had asthma. The court decided that because the mother was smoking in the presence of her child, they felt she didn't have enough concern for her child's well-being and it changed her custody arrangement.
]]> Across the United States, cigarette smoking has become a source of contention because it revolves around who could get custody of the children in a divorce. In a survey conducted by Action on Smoking and Health, an anti-tobacco advocacy group, they found the following issues have been brought up concerning custody when one parent has a smoking habit.This is no surprise to the advocates of this group who have been pushing their message about cigarettes and health. The best option for a parent who smokes is to quit smoking well before any legal action can be taken. This will be one less issue for you to worry about in regards to custody and visitation with your children.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Divorce for most people is an emotional and legal process and it's important for you to come to terms with both aspects of the process so you'll have an easier time navigating through it. Deciding on divorce is the easy part, but the process of it can be demanding, painful and full of complications.
]]> Experts agree that managing the emotional and legal divorce separately may help you get through the divorce. The ideal divorce is one where you accept that the emotional and legal sides of the divorce are real and valid, that you both have to go through it together and that emotions and the legal process may come together at times.The key is to keep the emotions out of the legal proceedings as much as possible otherwise you could increase legal costs, cause spur-of-the-moment decisions that you may regret later, and prolong the divorce process. Essentially, the hope is that the divorcing couple can come to agreements about shared assets, child custody, child support, visitation, etc.
Divorce can be emotionally and financially complex and only the advice of a family law attorney can help you navigate through these issues. Creating the life you want after divorce is what an attorney can help you figure out and achieve.
Source: The Huffington Post, "Can Divorce Really Be Smart?" Deborah Moskovitch, Feb. 3, 2012
]]>First, you should get your paperwork in order and figure out your family assets and which assets you might be awarded. Other documents that you should gather are your tax records, checking account statements, brokerage accounts, insurance policies, debt, prenuptial agreements, etc.
]]> Make sure you establish your own checking, savings and credit cards under your own names because this will protect both parties. It's also a good idea to inform your credit card companies of your divorce so that they can alert you if there are any charges that shouldn't be happening.You and your spouse should also consider establishing an escrow account for interim expenses while the divorce is in process. This will avoid arguments about who is paying for what if you can agree on what items need to be covered during the divorce proceedings. Once the divorce is finalized, the account can be closed.
If children are part of the divorce, figure out the child support ahead of time. You will avoid emotional issues later if you can agree upfront on the arrangement. In addition, figure out how college tuition will be paid for now so that both parties won't be surprised in the future.
If both parents are working, figure out the best health coverage for your children and go with that plan and make sure that if circumstances change, that health coverage can be revisited at a later date.
The spouse that will have primary custody may want to keep the family home. That may work out fine, but you should both calculate the long-term costs of keeping the house. Can the spouse staying in the home afford it and be able to manage the upkeep? Make sure that keeping the house makes good financial sense.
While divorce can be a hard process, if you work together to figure out the future, it can become a lot less stressful.
Source: The Huffington Post, "We're Getting A Divorce, Now What?" Linda Descano, Feb. 1, 2012
]]>